I was hurt at work as a paramedic lifting a heavy patient. Had my Left Labrum Repaired in April 2018. Still had issues. Had C5 – C6 Fusion in February of 2019.
I cannot extend my left arm to my left without pain and cannot even hold one pound in it. Same with extension to the front. I cannot put my arm straight up. I cannot work in very close quarters with left arm due to extensive pain. I can reach behind my back if I do it very slowly.
I cannot make quick movements with left arm such as flicking a blanket off without it feeling like someone is pulling my arm off.
I have been released back to work with permanent restriction of lifting no more than 10 pounds above my waist.
In his office, the doctor said I should not work as a paramedic anymore because I could hurt myself by trying to protect my left arm and I could end up dropping a patient. But, but did not state this in his report.
I have been given 10% rating for my neck, which I am fine with. But I have been given a 12% rating for my left arm. How can I have a permanent restriction and in reality only have about 50% use of my left arm but only have 12% rating? Can I dispute this?
Thanks for anything you can tell me.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Answer
Dear JC,
It appears from your question that the workers’ compensation physician has placed you in a difficult spot. The permanent partial disability rating he has assigned you doesn’t seem to match the limitations he has placed on your ability to continue to work as a paramedic.
The vast majority of states use the AMA (American Medical Association) Guides to the Evaluation of Permanent Impairment as the basis for determining a disability rating.
According to the AMA Impairment Guides Overview, the Guides “provide a reliable, repeatable measurement framework for permanent impairment in patients who have suffered an injury or illness resulting in long-term loss of a body part or reduction of body function.” The Guides, however, do not eliminate a doctor’s discretion in assigning a disability rating.
Choosing Your Doctor
In Missouri, the employer has the right to choose the treating physician or other healthcare providers to examine and treat you related to a workers compensation claim.
The Missouri statute that applies to your situation states:
“In addition to all other compensation paid to the employee under this section, the employee shall receive and the employer shall provide such medical, surgical, chiropractic, and hospital treatment, including nursing, custodial, ambulance and medicines, as may reasonably be required after the injury or disability, to cure and relieve from the effects of the injury.”
In reality, your treating physician is often chosen by the insurance company who insures your employer for workers’ compensation claims.
The right of the employer to choose your workers’ compensation doctor doesn’t stop you from getting a second opinion from a physician of your own choosing. Under Missouri law, you have the right to select a treating physician — at your own expense.
Missouri law provides:
“If the employee desires, he shall have the right to select his own physician, surgeon, or other such requirement at his own expense.”
For many people this is not a real choice because of the expense involved. The financial ability to choose your own physician may depend upon whether your health insurance policy covers treatment required because of work related injuries.
Challenging Your Disability Rating
One potential option for challenging your disability rating is through the Missouri Department of Labor’s Dispute Management Unit. That unit is responsible for providing information and attempting to resolve disputes between injured workers and the employer/insurer prior to a case going to litigation.
The Dispute Management Program is designed to mediate disputes that arise soon after a workplace injury occurs. The Division has one mediator who assists parties in resolving medical treatment and lost wage disputes. This is a voluntary process and both parties must agree to mediate.
If your employer or its insurance company will not agree to mediate, then you have the option to request a hearing before an Administrative Law Judge. Be aware, however, that this program is available only if you have not filed a claim and started a contested case.
More info about the Dispute Management Unit, the mediation process and Missouri workers’ compensation law can be found at the at Missouri Department of Labor website.
Based on your question, it sounds as though you have not filed a claim and are not being represented by an attorney. Issues of disability ratings, employment limitations and what compensation you are entitled to receive can be difficult and involved. An experienced workers’ compensation attorney could be invaluable in helping you to address these issues and get the fair treatment you deserve.
Learn more here: Permanent Partial Disability Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
WOW. I have the exact same issue. PPD is on 3/5 so I don’t have a rating yet. I am concerned. I can’t pick up anything left of me or in front of me like the above individual. I can’t do a full body stretch. I can’t put on a bra normally. It is always “fun” getting dressed or putting on a coat and don’t get me started with trying to pull my hair up. I tore the rotator cuff and completely severed the bicep tendon. They wound up shaving the bone, stitching the tear, shaving all the frayed tendons and bolting the bicep tendon back into the shoulder. My bicep tendon has been shortened and it often gives me pain now as well. I was doing ok after surgery and thought I was progressing nicely but apparently, not fast enough. A new physical therapist said I should be much farther along, and she took my arm, while laying down and jerked it back quickly and aggressively past my head. I can’t express strongly enough as to how much that hurt. Embarrassingly, I yelled out quite loudly and burst into tears. The manager spent 40 minutes telling me how sorry they were, and their goal is just to move me along more quickly blah blah blah. My shoulder hasn’t been the same since and I am in constant pain. Nothing works. It sucks that I cannot even pick up a cup of coffee to my left on the side table. I have to unbuckle my seat belt and reach over with my right arm to use the ATM or shut the car door. My left arm is for crud. Damn near useless. It only works to balance something I am carrying. With my arms glued to my rib cage, I can carry about 15 or 20 pounds but that’s it. Zero extension capabilities. For extensions, the doctor has me at 2 pounds. A cup of coffee weighs so much less and I can’t even pick it up from my left or in front of me. I am nervous on what they will rate me. Thank God I already painted my house inside and out and did my backyard landscaping. I still have to do the front and I cannot. I constantly have to pay attention and focus on all movements and remember to compensate for the lack of use of my left arm. It’s exhausting. It’s challenging to change a habit of use over 59 years. I’ve been dealing with this now for 13 months. It just bites and from everything I’ve read, your quality of life and ability to complete menial tasks, is completely irrelevant, even if it’s negative and for a lifetime.